ISHLAM Vs. STATE OF U. P.

JUDGEMENT

(1.) This is a plaintiff's second appeal arising out of a suit for declaration and permanent injunction. The plaintiff-appellant's suit has been dismissed by both the Courts below.

(2.) How could a man go without a remedy against a summary determination of his right to property, with no Court of determinative jurisdiction hearing him, is a question of the most fundamental importance. It is this essential issue involved in the appeal, which led this Court to admit this appeal to hearing on two substantial questions of law formulated on one day and then add one more before hearing commenced. The following substantial questions of law are involved in this appeal:

(3.) The facts giving rise to this appeal are these: On 3/1/1993, according to the plaintiff-appellant, Ishlam son of Chand Khan (for short, 'the plaintiff', unless the context requires a different reference), the Halqa Lekhpal submitted a bogus report to the Tehsildar, Bah saying that the plaintiff's father, Chand Khan (now deceased) had illegally occupied plot No. 119/1 (Minjumla), admeasuring 1 bigha 10 biswa, situate at Village Derakh, Pargana Bah, District Agra. The Tehsildar, Bah drew proceedings against the plaintiff's father under Sec. 122-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short, 'the Act') and issued notice to him on 9/1/1993, asking him to show cause why an order of eviction etc. be not made. The plaintiff's father submitted his objections before the Tehsildar on 7/1/1994. The defence taken was that the land aforesaid was his ancestral property, a bhumidhari that had come to his hands through his father. The plaintiff was in possession of the land, subject matter of the notice, as the bhumidhar thereof and that he had not encroached any land of the Gaon Sabha.